altought I did not doubt [that] I had a right as an enemy [to

do] either or both. Technically by a refinement of thought I was in the " camp of the enemy," but I was not there as aider, abetter or combatant. I had a right to be there or at any other place which offered a security which][neitther] my home nor the mlitary post of Sedalia could afford me. I was an enemy, had a right to rejoin the army and was on my way to it. My purpose was to gave left the camp at Milford and proceed alone for I thought they were careless and did not use the proper vigilance for their own security. The capture prevented the execution of that purpose. If in the deep perturbation of mind caused by the greatest calamity of my life I misunderstood the action of the Government officers and did not truly appreciate the relation in which that negotiation places me toward the United States I deeply regret it. But in the fave of Heaven I declare that in all I did I acted in strict conformity to whatever I understood of obligation. It is very painful to me to think - [Copy mutilated].

[E. MAGOFFIN.]

JUDGE - ADVOCATE'S OFFICE,

April - *, 1862.

In the matter of Ebenezer Magoffin, confined in a cell in the military prison at Alton under sentence of death by order of General Halleck. Execution of death suspended by order of the President, and the record sent up for his consideration.

The facts of record appear to be: He was tried before a species of tribunal instituted by General Halleck at Saint Louis and styled a military commission on two charges - first, for that, " not being a legitimate belligerent " he did, in Pettis Country, Mo.," kill and murder a sergeant of the Illinois cavalry; " and, second, for" violation of parole not to resume arms against the Unitesd

States. "

To the first charge, considering it substantially as a charge of murder, he pleaded to the jurisdiction, and that waiving the question of the lawfulness of his arrest and imprisonment he was in the matter of that charge answerable only in due course of law; that he was a citizen of the United States and of the State of Missouri; that the fact was laid in a district where the laws of both were in unobstructed force and capable of execution and the courts open and free to try and punish; and he claimed the protection of the laws and Constitution of the United State.

The plea was overuled. Then on trial he was acquitted of that charge, but convicted of the second, violation of parole, and sentenced to death. In regard to the parole Lieutenant - Colonel Brown, Seventh Missouri Volunteers, testifies that Magoffin's wife being near death he gave him in the 10th of December leave to visit her and a protection or safeguard on condition not to commit any act of hostility or give any information; that he accompanied Magoffin to his house and there put it in writing essentially as follows:

A safeguard is granted to Colonel E. Magoffin protecting him in person and property until the 20th day of December, 1861. Officers and soldiers of the U. S. Army will obey this order and in no way molest him or his family.

---------------

* Day not entered.

---------------

24 R R - SER II, VOL I